[Affiliated
to FEDUSA]
Our Ref No.: |
LR-1/6 |
Your Ref. No.: |
|
Enquiries: |
|
3 September 2007
The Secretary to Parliament
8000
Dear Sir/Madam
Comment on the Cross-boundary Municipalities Laws Repeal and Related Matters
Amendment Bill, 2007
Introduction
The
Independent Municipal and Allied Trade Union welcomes this opportunity to
comment on the Cross-boundary Municipalities Laws Repeal and Related Matters
Bill. IMATU represents approximately 75 000 municipal workers in
Background summary to the
CROSS BOUNDARY Municipalities Laws Repeal and Related Matters Amendment Bill,
2007
We
note that an urgent application in December 2005 was brought to the
Judge
Ngcobo held that in entrusting this power to an independent authority, the
Constitution seeks to guard against political interference in the process of
creating municipal boundaries. Furthermore,
Judge Ngcobo, found that the evidence before the Court raised doubts whether
the legislature of
This,
the Judge found, raised questions about the applicability, meaning and scope of
sections 74(8) and 118(1)(a) of the Constitution, and that these provisions are
crucial to a decision whether the Twelfth Amendment was passed in accordance
with the procedures set out in the Constitution. He said that the Court is not bound by a
concession made by a legal representative if it considers the concession to be
wrong in law. Accordingly he directed
that provincial legislature of KwaZulu-Natal should be joined as a party to the
proceedings and be afforded the opportunity to submit evidence and submissions
on whether it was required to comply with the provisions of section 118(1) (a)
of the Constitution and if so, whether it complied with these provisions and if
not, what is the effect of non-compliance with these provisions on the validity
of the Twelfth Amendment. In saying
this, Judge Ngcobo said that the Court was not unmindful of the legitimate
concerns of the people of Matatiele. The
people of Matatiele wanted to know whether they will remain in
On
18 August 2006, the
Our concerns with regard to the Cross Boundary Municipalities
Laws Repeal and Related Matters Amendment Bill, 2007, are the following:
It appears, prima facie, as though the Cross Boundary
Municipalities Laws Repeal and Related Matters Amendment Bill deals with mere
technicalities of (re)drawing municipal boundary lines.
The summary above of the
A developmental state, indeed, is predicated on the
needs of people, enabling them to participate with transparent outcomes in the
provision of their needs. Such
democratic and social participation leads to justice which, in the words of
developmental activists in the
The socio-economic costs
of such cross-boundary arrangements, according to Minister Sydney Mufamadi, are
predicated on a budget for
Likewise we are assured that MIG projects have
increased, significantly, the drafting of IDP’s are progressing well as are
also the Local Economic Development (LED) strategies. Just what the statistics of persons affected
by the redrawing of these boundaries are is hard to say and how such shifts
will affect them economically is hard to explain. Relations with the capital city, Bisho, which
is now 700 kilometres from Matatiele whereas Pietermaritzburg was 200
kilometres, makes a considerable difference when needing to travel to the
capital city on any necessary business.
How, for instance, will the demarcation affect the transfer
of public service and officials, for example?
What concrete plans will be implemented to ensure
access to free basic services such as water and electricity by the poorest and
how will road maintenance and travel costs be impacted by these changes?
Cross-boundary
municipalities are complex structures that may easily become the domain of
bureaucratic and administrative manipulation and control.
The Constitution and the Municipal Structures Act
made provision for an Act of Parliament to authorize the establishment of a
A process of deliberative democracy takes seriously
the complexity of human need and organization and would prioritise these
communities’ ability to find consensus – rather than bureaucratic control - for
themselves on matters such as geographical affiliation, access to services and
markets, amongst many other variables for life.
Conclusion
IMATU
is grateful for this opportunity to comment on and participate in the policy process
of the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment
Bill. We caution that the matter of
dealing with communities as people rather than organizational systems is a
complex matter. Rather than opt for
bureaucratic control, we would advise the adoption of an approach that
recognises the complexity of the human condition. Such an approach would ideally build on
deliberative and participatory democracy that garners consensus for direction
rather than rely overtly on administrative and bureaucratic control.
Yours faithfully
_______________
Mr. J. Koen
GENERAL SECRETARY
IMATU